Supreme Court of Rhode Island

Roger L. Pontbriand v. Virginia May Pontbriand.

March 29, 19931993 R.I. LEXIS 96

Summary

The court held that Social Security dependency benefits paid to the children on behalf of a disabled parent must be credited dollar-for-dollar against that parent's child-support obligation because the benefits substitute for the parent's lost earning power. It further held that no formal support modification was required before taking the credit, although the Family Court had to be notified. The court quashed the modified support order and vacated the contempt judgment because the father's reduced payments reflected the benefits received and were not willful disobedience.